N.J. Admin. Code § 8:13-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:13-1.6 - Suspension, revocation or nonrenewal of certification

(a) Upon evidence duly ascertained by the Department or any local board of health that the holder of the certificate has, or is currently, violating any rule, regulation or statute applicable to wholesale shellfish operations, the Department shall, upon hearing and proof of allegation, suspend, revoke or refuse to renew any such certificate. The hearing shall be conducted pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) When in its determination that the protection of the public health warrants such action, the Department may suspend any certification pending hearing. In no case shall a shellfish facility operate as such while suspended. Upon written request, the certificate holder will be granted an expedited hearing conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1.1.

(c) A certificate to operate a shellfish facility shall not be renewed or restored until the Department determines that all requirements of this subchapter and any other applicable rules and regulations have been satisfied.

N.J. Admin. Code § 8:13-1.6